WILLIAM DONALD SCHAEFER, Governor                      Ch. 48

(1)  THE PROCUREMENT IS FOR HUMAN, SOCIAL, OR
EDUCATIONAL SERVICES TO BE PROVIDED DIRECTLY TO INDIVIDUALS WHO
ARE AGED, INDIGENT, DISADVANTAGED, UNEMPLOYED, MENTALLY OR
PHYSICALLY ILL, HANDICAPPED, OR DISPLACED OR MINORS;

(2)  THE PROCUREMENT IS 1 OF A CLASS FOR WHICH THE
DEPARTMENT OF BUDGET AND FISCAL PLANNING HAS APPROVED THE USE OF
NONCOMPETITIVE NEGOTIATION; AND

(3)  WITH THE APPROVAL OF THE HEAD OF THE UNIT, THE
PROCUREMENT OFFICER DETERMINES THAT:

(I)  AT LEAST 2 SOURCES ARE AVAILABLE FOR THE
SERVICES; BUT

(II)  THE ABSENCE OF EFFECTIVE COMPETITION MAKES
IT UNREASONABLE TO EXPECT BIDS OR PROPOSALS FROM THE AVAILABLE
SOURCES.

(B)  PUBLIC NOTICE REQUIREMENTS.

(1)  WHENEVER A PROCUREMENT IS BASED ON NONCOMPETITIVE
NEGOTIATION, A UNIT SHALL PUBLISH A REQUEST FOR GENERAL
EXPRESSIONS OF INTEREST.

(2)  A REQUEST FOR GENERAL EXPRESSIONS OF INTEREST
SHALL:

(I)  STATE THE GENERAL REQUIREMENT FOR SERVICES;

(II)  REQUEST INTERESTED SERVICE PROVIDERS TO
RESPOND IN WRITING WITH GENERAL EXPRESSIONS OF INTEREST; AND

(III)  BE PUBLISHED IN THE SAME MANNER AS
REQUIRED FOR AN INVITATION FOR BIDS.

(C)  DISCUSSIONS.

(1)  TO SATISFY ALL OR PART OF THE REQUIREMENTS OF THE
STATE AS THEY OCCUR, AND WITHOUT ADDITIONAL ADVERTISING, THE
PROCUREMENT OFFICER MAY CONDUCT DISCUSSIONS WITH ANY . RESPONSIBLE
SERVICE PROVIDER WHO HAS SUBMITTED AN EXPRESSION OF INTEREST.

(2)  AS FAR AS PRACTICABLE IN THE COURSE OF
ADMINISTERING A PROGRAM, THE UNIT SHALL TREAT FAIRLY AND EQUALLY
WITH RESPECT TO DISCUSSIONS ALL RESPONSIBLE SERVICE PROVIDERS WHO
HAVE SUBMITTED EXPRESSIONS OF INTEREST.

(D)  AWARD OF PROCUREMENT CONTRACTS.

AFTER OBTAINING ANY APPROVAL REQUIRED BY LAW, THE UNIT MAY
AWARD A PROCUREMENT CONTRACT IF THE HEAD OF THE UNIT DETERMINES,
ON THE BASIS OF CONTINUING DISCUSSIONS OR PAST PROGRAM

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